Guddu Jha @ Uttam Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13745 of 2016 Arising Out of PS.Case No. -82 Year- 2014 Thana -BOUNSI District- BANKA ======================================================

1. Guddu Jha @ Uttam Jha Son of Munna Jha @ Satya Prakash Jha Resident of Village - Golhatti, P.S. - Bounsi, District - Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Mukesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2016 Heard both sides.

The petitioner seeks bail in Bounsi P.S. case No. 82/2014 under Section 304B, 120B/34 and other sections of the Indian Penal Code.

The petitioner is the husband of deceased. The petitioner and his wife were sleeping in a room but in the next morning wife of the petitioner was found dead and the petitioner was not present in room.

It is submitted that prayer of petitioner for bail was earlier rejected by this court vide order dated 30.04.2015 passed in Cr. Misc. No. 5111 of 2015 with a direction to the trial court to conclude the trial within nine months but the trial has not yet been concluded. The trial court has prayed for extension of time for

Patna High Court Cr.Misc. No.13745 of 2016 (3) dt.05-10-2016 2/2 conclusion of the trial.

Considering the fact that petitioner is husband of the deceased and petitioner and his wife were sleeping in a room but in the next morning wife of the petitioner was found dead and petitioner was not present in room, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to hold the trial on day to day basis and conclude the same within six months from the date of receipt of this order.

The Superintendent of Police, Banka is directed to ensure the attendance of all the prosecution witnesses of Bounsi P.S. case No. 82 of 2014 corresponding to Sessions Trial No. 824 of 2014 one by one in the court of learned 1st Additional Sessions Judge, Banka so that the trial must be concluded within six months.

If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail. (Prabhat Kumar Jha, J) BKS/- U T